HomeMy WebLinkAbout05 Hearing Examiner PLANNING AND ZONING J] r eXa✓ivi.cJo
ITEM DATE SUBMITTED BY
2E-1/"441'*?-- 6#1g 1.e.tatAML123"
pW006044-44—
7049'
PUBLIC HEARING COMMENT SHEET
(PLEASE PRINT CLEARLY)
L
NAME: mot- L "}.
STREET ADDRESS: f `
CITY/STATE/ZIP: ,' ( <
NAME OF CASE BEING HEARD: „� ' 3,5--
********************************************************************************************
Check the appropriate line:
Applicant o R� epresentativ V I Neutral/
k wish speak
..
( g y5 i do not t wish to speak
In favor/ I Opposed/
wish to speak I wish to speak
do not wish to speak I do not wish to speak
,a/Z2- /,9-14.-0 m I
Written comments may be attached to this form or you may write them in below.
- 1
PUBLIC HEARING COMMENT SHEET
(PLEASE PRINT CLEARLY)
NAME: /40 A 7 , Bain rner5
STREET ADDRESS: 2 Oq ea, (1 5±,
CITY/STATE/ZIP: ���f Gel e// ,j7,_1(1 q3'0 5
NAME OF CASE BEING HEARD: ,► - Sf , "fail `!/i; `re ail
Check the appropriate line:
Applicant or Representative I/ I Neutral/
wish to speak
do not wish to speak
In favor/ I Opposed/
wish to speak I wish to speak
do not wish to speak ✓ I do not wish to speak
Written comments may be attached to this form or you may write them in below.
•
7 ?ya-e'S Sri ,/
BEFORE THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL,IDAHO
IN THE MATTER OF THE APPLICATION ) CASE NO. SUP-35-98,COURSE OF
OF SYRINGA MIDDLE SCHOOL PTO FOR ) PROCEEDINGS,GENERAL FACTS,
A SPECIAL USE PERMIT TO INSTALL A ) TESTIMONY, APPLICABLE LEGAL
48 SQUARE FOOT NON-ILLUMINATED ) STANDARDS,COMPREHENSIVE
READER BOARD ) PLAN ANALYSIS,FINDINGS OF
) FACT,CONCLUSIONS OF LAW,
) AND ORDER OF DECISION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of public hearing on
application SUP-32-98 to be held on June 25, 1998. Public notice requirements set forth in Idaho
Code, Chapter 65, Local Planning Act,were met. On June 10, 1998,notice was published in the
Idaho-Press Tribune; on June 5, 1998,notice was mailed to all property owners within 300 feet of
the project site and to all political subdivisions providing services to the site; and, on June 18,
1998,notice was posted on the site.
1.2 Files and exhibits relative to this application are available for review in the Community
Development Department, Caldwell City Hall,and were available for review at the hearing.
H GENERAL FACTS
2.1 APPLICANT(S): Leora Z. Summers, Syringa Middle School PTO, 1100 Willow, Caldwell, ID,
83605.
2.2 OWNER(S): Syringa Middle School, 1100 Willow,Caldwell,ID, 83605.
2.3 PROPOSAL: The Applicant seeks approval for a Special Use Permit to install a reader board on
the Syringa school grounds located in an R-1 zone. The reader board is requested to be six feet by
eight feet, non-illuminated plexiglas and is proposed to be placed at the southwest corner of
Washington and Linden Streets.
2.3.1 Applicant's narrative - Syringa Middle School's PTO would like to install a reader board at
Syringa Middle School. The sign would be similar to the signs installed at Lincoln and
Sacajawea Elementary Schools. The public will benefit from having a sign that identifies the
school and for school and community events. The sign will not be illuminated and will not
interfere with visibility.
2.4 LOCATION: The school site is more commonly known as 1100 Willow.
2.4.1 Site Plan — The site plan shows the location of the reader board on the southwestern corner of
Washington and Linden Streets.
2.5 NATURAL RESOURCES AND HAZARDOUS AREAS: The project site is not within the near
vicinity of the Boise River or Indian Creek, and the site is not within a flood area.
2.6 LAND USE: The project site is zoned R-1 and is surrounded by R-1.
2.7 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential.
2.7.1 Low Density Residential is defined as "suitable primarily for single-family residences. Other
uses characteristic of low density residential areas such as churches, schools,neighborhood parks,
comparable public facilities and essential utility installations are appropriate. The residential
density is from 1 to 6 dwelling units per net acre."
2.7.2 Section 10-02-06, Caldwell Zoning Ordinance, permits a sign identifying a special use in
residential areas. The sign shall not be more than 32 square feet in area and shall not be
illuminated.
2.8 AREA OF CITY IMPACT: The project site is not within the Area of City Impact.
2.9 PUBLIC FACILITIES:
2.9.1 Schools - The Caldwell and Vallivue School Districts were notified of the request through
mailing of the public hearing notice on June 5, 1998.
2.9.2 Fire Protection—The Fire Marshal was notified on June 5, 1998,but did not offer a response.
2.9.3 The City Engineer indicated that he did not need to comment on this application.
2.10 TRANSPORTATION: Access to the site will be from Washington Street.
2.11 PARKS, RECREATION AND OPEN SPACE: This request does not include parks, recreation
and open space.
2.12 HISTORIC AREAS: This property is not within the City's area of historic significance.
2.13 HOUSING: This request is for 48 square foot non-illuminated reader board.
2.14 COMMUNITY DESIGN: Washington and Willow streets are not arterial streets.
III TESTIMONY
3.1 Bud Knickerbocker presented the staff report, and Exhibit PZ-1000, a copy of an Assessor's map
showing the subject property and surrounding zoning.
3.2 Jorgina Wilson,Applicant's representative, stated that the sign would be used for school projects
and advertising of other non-school events.
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell Zoning Ordinance No. 1451
4.2 City of Caldwell Comprehensive Plan
4.3 Idaho Code,Chapter 65,Local Planning Act
V COMPREHENSIVE PLAN ANALYSIS
5.1 The Comprehensive Plan policies do not directly relate to this request. However, under the
School component,Policies 1 and 3 could possible apply.
VI FINDINGS OF FACT
6.1 The Planning and Zoning Commission members accept the general facts and testimony as
fmdings of fact.
VII CONCLUSIONS OF LAW
7.1 The Planning and Zoning Commission has the authority to hear this case and to approve or deny;
public notice requirements were met; the hearing was conducted within the guidelines of Idaho
Code and City ordinances.
VIII ORDER OF DECISION
8.1 Based on the Findings of Fact and Conclusions of Law, and for the reasons stated, the Planning
and Zoning Commission, orders that Case No. SUP-35-98, a request by Leora Z. Summers and
the Syringa Middle School PTO for a Special Use Permit to install a 48 square foot reader board
on the Syringa school grounds located in an R-1 zone, be approved, subject to the following
conditions:
8.2 The specific terms and conditions placed on this Special Use Permit shall run with the site and
remain valid upon a change of ownership, or until such time that the Permit may be revoked,
become invalid, or replaced with another approved use. The Special Use Permit is not
transferable from the approved site to another site.
8.3 The Special Use Permit will not run with the land and will become null and void if the use of the
site is no longer used for a school. In addition, a sign permit will be required before the sign can
be installed and placement of the sign, including exact location, is to be approved by the
Engineering Department.
8.4 The Applicant, or future assigns having an interest in the subject property, shall fully comply with
all conditions placed upon the Special Use Permit.
8.5 No changes in the conditions and terms of this Special Use Permit, as approved, shall be
undertaken by the Applicant, or future assigns having an interest in the subject property,until the
Community Development Director has reviewed the proposed changes and approval for
amendment has been granted through the public hearing process.
8.6 Any violation of the terms and conditions of this Special Use Permit by the Applicants, or future
assigns having an interest in the subject site, shall be deemed a misdemeanor and subject to the
provisions set forth in Idaho Code, 18-113. Each day of continued violation shall be deemed a
separate offense.
8.7 The Special Use Permit shall become null and void if the sign,as approved,has not been installed
at the site within six months from signing of the Order of Decision, unless a six-month extension
has been requested and approval has been granted by the Community Development Director.
THE PLANNING AND ZONING COMMISSION AT A PUBLIC HEARING HELD JUNE 11, 1998
APPROVED FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION.
WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW WERE APPROVED BY THE
PLANNING AND ZONING COMMISSION AT A MEETING HELD JUNE 25, 1998.
,
William Roos,Chairman ATTEST:
Charles Murphy,Vi 4 e-Chairm. Community Deve nt Director